96-5037 Advis Auth Belmont Plazclls' UN Sa11n1
(Published in the Salina Journal July ab , 1996)
RESOLUTION NUMBER 96-5037
A RESOLUTION OF FINDING AS TO THE ADVISABILITY AND A
RESOLUTION AUTHORIZING CONSTRUCTION PURSUANT TO K.S.A. 12-601
et seg. OF AN IMPROVEMENT CONSISTING OF CERTAIN CURBING,
GUTTERING, PAVING, GRADING, SANITARY SEWER, WATER MAIN AND
STORM DRAINAGE IMPROVEMENTS IN BELMONT PLAZA ADDITION OF THE
CITY OF SALINA, KANSAS.
Pursuant to findings of advisability made by the Governing Body of
the City of Salina, Kansas.
WHEREAS, a petition was filed with the City Clerk on the 1st day of
July, 1996, under and pursuant to K.S.A. 12-6a01 et seg. to make certain
curbing, guttering, paving, grading, sanitary sewer, water main and storm
drainage improvements in the Belmont Plaza Addition.
NOW, THEREFORE, be it resolved by the Governing Body of the
City of Salina, Kansas, that the following findings as to the advisability of
making certain curbing, guttering, paving, grading, sanitary sewer, water main
and storm drainage improvements in Belmont Plaza Addition of the City of
Salina, Kansas, are hereby made, to wit:
Section 1. That it is necessary and in the public interest to make
an improvement consisting of:
BELMONT PLAZA ADDITION
Curbing, guttering, paving, grading and drainage:
of Planet Avenue (frontage road) from the south line of Lot 3,
Block 3, to the north line of Lot 1, Block 3; and
of Belmont Boulevard from the west right-of-way line of South
Ninth Street to the west right-of-way line of Planet Avenue,
The installation of sanitary sewer main,
The installation of water main,
The installation of a stormwater detention basin and associated pump
station and pipelines,
to serve Lots 1 and 2, Block 1; Lot 1, Block 2; and Lots 1, 2 and
3, Block 3 all in Belmont Plaza Addition.
Section 2. That the estimated and probable cost of such
improvement is $312,262.00.
Section 3. That the Governing Body hereby further finds and
finally determines that the boundaries of the improvement district against a
portion of the costs of said improvement shall be assessed are hereby
established and fixed as the following legal description: Lots 1 and 2, Block
1; Lot 1, Block 2; Lots 1, 2 and 3, all in Belmont Plaza Addition to the City of
Salina.
Section 4. The method of assessment shall be that 100% of the
total cost assessed against the property shall be based on the square footage of
each lot of land without regard to buildings or improvements of the land.
Section 5. The proposed apportionment of cost between the
improvement district and the city -at -large is:
1. The costs assessed against the improvement district shall be:
95% of the estimated total cost of street and drainage
improvements, including grading, pavement, curb and gutters,
storm pipelines, storm inlets, stormwater detention basin, pump
station, pipelines and any incidentals thereto to complete the
street and drainage systems; and
100% of the total cost of water mains, fittings, hydrants, water
services, valves, and any incidentals thereto to complete the
water system.
CoIWWm 11a Salina
100% of the total cost of sanitary sewer pipeline, manholes,
service connections and any incidentals thereto to complete the
sanitary sewer system.
2. The costs assessed against the city -at -large shall be 5% of the
estimated total cost of street and drainage improvements
particularly related to the cost of removal of the existing
frontage road which is being relocated by virtue of this project.
Section 6. That the advisability of the improvements set forth
above is hereby established as authorized by K.S.A. 12-6a01 et seg.
Section 7. Be it further resolved that the above described
improvement is hereby authorized and declared to be necessary in accordance
with the findings of the Governing Body as set out in this resolution.
Section 8. The assessment with accrued interest shall be levied as
a special tax upon the property included within the benefit district concurrent
with the general property taxes and shall be payable in ten (10) equal annual
installments.
Section 9. That the City Engineer be and is hereby directed and
ordered to prepare plans and specifications, and estimates of the cost of said
improvements.
Section 10. That
for the purpose
of providing funds to pay
the
cost of such improvements until bonds can be
issued therefore, the Mayor
and
City Clerk be and they are hereby authorized
to execute temporary notes
for
the City of Salina, Kansas, as
provided by K.S.A.
10-123 and 12-6a04, not to
exceed the aggregate provided
by law. Such temporary notes may be issued
by
Resolution from time to time as
required during
the progress of the work on
the
improvements herein recited.
Such temporary
notes shall be in the form
and
executed as provided by law.
Section 11. That the City Clerk is hereby authorized and directed
to make progress payments to the contractors for materials furnished and for
labor performed under the contract when estimates therefore are presented to
him which have been properly certified by the City Engineer, so long as the
aggregate payments do not exceed the total contract price.
Section 12. That the City expects to incur capital expenditures
on and after the date of adoption of this Resolution (the "Expenditures") in
connection with such improvements, and intends to reimburse itself for such
Expenditures with the proceeds of said bonds or temporary notes in an amount
which, depending on the date of issuance of said bonds or temporary notes,
may aggregate a maximum of $312,262.00, the anticipated cost of such
improvements. The Board of Commissioners has determined that the funds to
be advanced to pay Expenditures are or will be available only for a temporary
period and it is necessary to reimburse the City with the proceeds of a
borrowing for Expenditures made on and after the date hereof. As of the date
hereof, there are no funds from sources other than said bonds or temporary
notes that are, or are reasonably expected to be, reserved, allocated on a
long-term basis, or otherwise set aside by the City to pay the Expenditures.
This Resolution constitutes a declaration of official intent under Treasury
Regulation Section 1.103-18 issued under the Internal Revenue Code of 1986,
as amended, and the adoption of this Resolution is consistent with the
budgetary and financial circumstances of the City.
Section 13. This resolution shall take effect after its passage and
publication once in the official city newspaper.
Adopted and passed this 22nd day of July, 1996.
{SEAL}
ATTEST:
D� `
�ud D. ng, CMC City Clerk
:e�y?Max`well, Mayor